Remanded
Vasant Rama Jadhav v. Rakesh Malhotra and Anr.
Bombay HCAPEAL/871/2003
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY CRIMINAL…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(21)APEALNo.8712003
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.871 OF 2003
Vasant Rama Jadhav V/s.
Rakesh Malhotra & Anr. ... Respondent
None for the Appellant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 16th FEBRUARY 2018.
P.C. :
2 The appeal is challenging acquittal of the respondent No.1 of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The appellant is the original complainant. The Registry has reported that the respondent No.1 could not be served as the notice returned unserved stating that the respondent No.1 is not residing at the given address. It is further informed that despite the Order of this Court dated 23/08/2017, the learned Advocate for the appellant has not furnished fresh address and has not taken steps to serve the respondent No.1 till date.
1/2
Gaikwad RD
(21)APEALNo.8712003
3 In this view of the matter, the appellant to furnish fresh and correct address of contesting respondent No.1 within a period of two weeks from today, failing which the appeal shall be dismissed without reference to the Court.
4 If such address is furnished within prescribed time, then issue fresh notice to the respondent No.1 returnable on eight weeks thereafter.
(A.M.BADAR J.)
2/2
Gaikwad RD
2 issues framed by the court
Whether to allow or dismiss the appeal against acquittal where the respondent could not be served due to altered residential address.
Whether to direct the appellant to furnish a fresh and correct address of the respondent within two weeks.
1 provisions across 1 enactments
Vasant Rama Jadhav
Rakesh Malhotra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court